Kommu Balaraju, Vs The Chief Commissioner of Land Administration

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]N THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE TWENry EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 2308 OF 2025

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Between:

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(ommg Balaraju, S/o. Pentaiah, Aged about 48 years, Occ. Labour, Rl/o. H.No. 4-75, Doda Gunta Pally village, Peddamandadi Mandal, Wanaparthy District.

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...PETITIONER

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AND

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1 The Chief Commissioner of Land Administration, State of Telangana, Hyderabad.

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2 The District Collector, Wanaparthy, Wanaparthy District,

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3 The Tahsildar, Peddamandadi Mandal, Wanaparthy District.

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4 The Revenue Divisional Officer, Wanaparthy, Wanaparthy District.

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5 State of Telangana, represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 5OO O22.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondents in not issuing the title deeds and pattadar passbooks to the petitioner in respect of Ac.33.35 guntas of land in Survey No. 2361'l of Dodaguntapally village of Wanapa(hy Taluk of Mahabubnagar District (presently Wanaparthy District) without any justification or reasonable cause under the guise of correspondence belween the respondents is as illegal, arbitrary and, unjust and consequently direct the respondents to issue title deeds and pattadar passbooks to the petitioner in respect of Ac.33.35 guntas of land in Survey No. 23611 of

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Dodaguntapally villag€) of^{wanaparthyTalukof Mahabubnagar District (presently} Wanaparthy District).

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IANO:1OF 2025

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Petition under section^{151 CPC praying that in the circumstances stated in} the affidavit filed in^{:support of the petition, the High court may be pleased} pleased to direct the respondents to^{pass appropriateorders on the} representations of^{the petitioner dated12-6-2023and09-'l -2025 for granting title} deed and^{pattadar passbookin respect of Ac.33.35'guntas of land in SurveyNo.} 236t1 ot Dodaguntapally^{villageof wanaparthy Taluk of Mahabubnagar District} (presentlyWanaparthY'District),pendingdisposaloftheaboveWritPetition

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Counsel for the^{Petitioner: SRI A.TIRUPATHI GOUD}

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Counsel for the Respondents:^{GP FOR REVENUE}

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The Court made the^{following:ORDER}

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I

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THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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WRIT PETITION No.23O8 of 2o25

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ORDER:

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This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief:

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"For the reasons stated in the accompanying affidavit, it is prayed that this Honble Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus deciaring the impugned action of the respondents in not issuing the title deeds and pattadar passbooks to th6 petitioner in respect of Ac.33.35 guntas of Iand in Survey No. 236 / I of Dodaguntapally village of Wanaparthy Taluk of Mahabubnagar District (presently Wanaparthy District) without any^{justification} or reasonable cause under the guise of correspondence between the respondents is as illegal, arbitrar5r and unjust and consequently direct the respondents to issue title deeds and pattadar passbooks to the petitioner in respect of Ac.33.35 guntas of land in Survey No. 2361I of Dodaguntapally village of Wanaparthy Taluk of Mahabubnagar District (presently Wanaparthy District) ald pass such other order or orders as this Hon'ble Court may deem fit and proper."

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It is stated that the petitioner's grandfather is the a\ solute owner and pattadar of land admeasuring Acs. 33.35 guhtas 1n Survey No.236 /1 of Dodaguntapally Village,

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CVBR, J W.P.No.23OB of 2025

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Wanaparthy Taluk of Mahabubnagar^{District (presently} Wanaparthy District)^(for short,^{'the subject lald') and his} narne was al.so recorded in the^{Pahanies for the yea-rs1955 to} 1958. The grievance of the^{petitioner is that after deathof the} original pattadar, when he^made an^{applicatlon for issuance} of Passbooks and though the^{petitionerhas submitted} various representations to the respondents^{requesting to} consider his case for granting^{pattadar passbooks and. title} deeds in respect of the subject land,^{but no raction has been} taken by the respondents till date.

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It- is stated by learned counsel for the^petitioner that as per the information furnished^{to the petitioner by the} Tahsildar, ir':. respect of Survey No.236/^1, it^{wias writtenas Seri} Inam in the Pahani, but later it was struck^{downan.d written} as Sarkari and it was further stated that there^{are differences} of extent of land in Kasra^{Pahaniand R.S.R. Pahaniand the} entire land was kept in Category-8.

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--,

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3 CVBR, J W.P.No.23O8 of 2025

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4 . Learned Government^pleader appearing for the respondents vehemently contended that the nature of the subject land has been classified in the revenue records as Sarkari and at this length of time, the petitioner is not entitled for seeking correction of Sarkari lands/Government lands as patta lands.

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'x

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This Court without expressing any opinion 9n the right and entitlement of the petitioner, since it is stated that the petitioner's grandfather's narne is recorded as pattadar, at this length of time the respondents are not having any power to carry out correction in the revenue records and consequential issuance of the pattadar passbooks for the above extent of the subject lands, the ends of justice would be met if the petitioner is relegated to approach competent civil Court for establishing his right and after obtaining necessary declaration as he is successor-in-interest of the subject lan&-and he is entitled for mutation and consequential issuance of pattadar passbooks, the respondents are directed to take

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4 CVBR, J llt- P. N o. 2 i.t 08 of 2 O2 5

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appropriate action in terms of the the^{TelanganaRights} in Larrd and Pattadar Pass Books Act, 197 I and the Rules made thereunder.

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